Unite In Action Blog

The Disclose Act (s. 3369): Destroying our First Amendment

ALERT: The
Disclose Act (s. 3369) has been resurrected and it will further destroy the
remnants of our 1st Amendment and diminish the power of our grassroots groups!

It is always shocking to me that those we elect are
absolutely clueless to the true government that they were elected to support and
defend. Day in and day out we hear our representatives refer to our government
as a “democracy.” Our founders did not establish a democracy, they established a
republic. At the conclusion of the Constitutional Convention in 1787, Benjamin
Franklin was asked by a women referred to as Mrs. Powel of Philadelphia, “Well,
Doctor, what have we, a republic or a monarchy?” It is said that Dr. Franklin,
without hesitation, said, “A Republic, ma’am, if you can keep it.” Here we are
225 years later and our own representatives do not know the correct answer to
this question.

And here we are, once again, with the resurrection of the
Disclose Act of 2012, and its title tells us all we need to know to want to bury
this tyranny in the ground once and for all. In his limited wisdom, Sheldon
Whitehouse, along with his 28 co-sponsors believe that this government is a
democracy and have short titled the Disclose Act, ‘‘Democracy Is Strengthened by
Casting Light On Spending in Elections Act of 2012.’’ Yes, Mr. Whitehouse I am
sure that Democracy is strengthened, but what about a republic? Since our
government is a Constitutional Republic, built upon the inalienable rights of
the people protected by the Constitution and the Bill of Rights, the answer to
that question is a resounding NO!

Here is the nuts and bolts of the unconstitutionality of the
disclose act. First, in true tyrannical form, the language in this act is so
vague and overbroad that it is difficult to actually determine who is required
to comply and who is not. Take, for example, the definition of “political
committee” that already exists in
2 USC
441-subchapter I – Disclosure of Federal Campaigns:

(4) The term "political committee" means - (A) any committee,
club, association, or other group of persons which receives contributions
aggregating in excess of $1,000 during a calendar year or which makes
expenditures aggregating in excess of $1,000 during a calendar year; or

Does that include your grassroots group? How about this
wonderful definition of a campaign contribution included in this already
existing act?

(8)(A) The term "contribution" includes - (i) any gift,
subscription, loan, advance, or deposit of money or anything of value made by
any person for the purpose of influencing any election for Federal office; or
(emphasis added)

What about this acts definition of “federal election
activity?”

(A) In general. - The term "Federal election activity" means
- (iii) a public communication that refers to a clearly identified candidate for
Federal office (regardless of whether a candidate for State or local office is
also mentioned or identified) and that promotes or supports a candidate for that
office, or attacks or opposes a candidate for that office (regardless of whether
the communication expressly advocates a vote for or against a candidate);

Has YOUR grassroots engaged in activity that is governed by
the Federal Election’s Commission? How could you possibly know? So, how could
the Disclose Act make this any worse? Well, it does, and here is how.

First, the Disclose Act expands the definition of
“Electioneering Communication”. The original act allows the FEC to label a
communication “electioneering” only within the window of “60 days before a
general, special, or runoff election for the office sought by the candidate; or
30 days before a primary or preference election, or a convention or caucus of a
political party that has authority to nominate a candidate, for the office
sought by the candidate.” The Disclose Act would expand that limitation in the
case of the non-Presidential or Vice Presidential candidate to beginning on
January 1 of the calendar year in which a general or runoff election is held and
ending on the date of the general or runoff election. Making any communication
made 11 months prior to the general election subject to be defined as “federal
election activity.” In the case of the President and Vice-President, this period
is extended to “the period beginning 120 days before the first primary election,
caucus, or preference election held for the selection of delegates to a national
nominating convention of a political party.” That means that all communications
by an eligible group that are made over 1 year before the presidential election
can be vaguely defined as “federal election activity.” This is an unprecedented
expansion of the federal government over free speech!

This however, is not the end of this Act’s assault on
liberty. Not only will our groups be required to report activity over a year
before a presidential election, but our groups will be required to disclose its
membership rolls to the FEC. This new act requires that any group making an
aggregate donation within this period must disclose:

(i) the name and address of each person who made such payment
during the period covered by the statement; (ii) the date and amount of such
payment; and (iii) the aggregate amount of all such payments made by the person
during the period beginning on the first day of the election reporting cycle and
ending on the disclosure date.

The proponents of this legislation will tell you that it only
affects the rich or the major corporations because disclosure must only be made
with an aggregate donation of $10,000. But watch out. We must remember the vague
language and keep in mind the chilling effect this will have on those willing to
participate in our grassroots groups. Remember your group qualifies for FEC
supervision according to section (4) if its members give more than $1,000 per
YEAR. How will the FEC define that term in section 8(A), anything of value made
by any person for the purpose of influencing any election? And we cannot forget
that the legislators love to insert “boilerplate” provisions to cover any
opportunity they have missed, and the Disclose Act is no exception. The FEC will
be permitted to request “(G) Such other information as required in rules
established by the Commission to promote the purposes of this section.” That
means that the FEC can pass a RULE that will expand this law outside the
constitutionally established procedures requiring Congressional approval. This
is the very epitome of an executive agency being given legislative law making
power and robs the people of their elective voice.

I am once again reminded of the warnings of our founders.
Alexander Hamilton warned us in
Federalist Paper #84, that by enumerating certain rights in the Bill of
Rights it would actually INVITE government intrusion upon these rights. Hamilton
knew that our federal government was delegated very LIMITED POWERS, and those
powers did not include the right to govern our speech. He reasoned that if we
tell the federal government what they cannot do, rather than simply telling them
what they can do, it would lead to the ultimate usurpation of those rights:

“[Men disposed to usurp] might urge with a semblance of
reason, that the constitution ought not to be charged with the absurdity of
providing against the abuse of an authority, which was not given, and that the
provision against restraining the liberty of the press afforded a clear
implication, that a power to prescribe proper regulations concerning it, was
intended to be vested in the national government. This may serve as a specimen
of the numerous handles which would be given to the doctrine of constructive
powers.

We now have a government full of men disposed to usurp the
liberties of our people. The Disclose Act is just another manifestation of the
doctrine of constructive powers used as a tool to destroy our Constitutionally
protected rights. It does not deal with the real issue of corporate corruption.
This Act will turn every statement made in the public forum into a potential
campaign contribution. So if your group stands against something the incumbent
is doing, you have potentially made a campaign contribution to his opponent. And
make no mistake, those who have the “government agenda” in mind will continue to
get receive the golden “presidential waiver.” I am sure that the “wrong-stream”
media, who continue to funnel billions of free add campaigns to their
“favorites” will NEVER be held accountable!

The Disclose Act does what it says it will do, promote
democracy and defeat the republic our founders established. It will silence the
minority in favor of the majority. It will allow the federal government to
define political speech and penalize it with massive government regulations.

CONTACT YOUR SENATOR NOW AND DEMAND THE DEFEAT OF THE
DISCLOSE ACT.

KrisAnne Hall is a former prosecutor and Constitutional attorney who was fired from her job for teaching the Constitution to citizen groups. She is a disabled veteran of the US Army, a Russian linguist, a mother, a pastor's wife and a patriot. Her former employer, State Attorney for Florida's 3rd Judicial Circuit, gave her a choice – give up her First Amendment right to speak on her own time or be fired. KrisAnne said, "My First Amendment rights are worth more than a paycheck and I will not surrender them."

She now travels the country and teaches the Constitution and the history that gave us our founding documents.

By KrisAnne Hall http://www.KrisAnneHall.com

<p style="margin-top: 10px; margin-bottom: 15px; color: #333333; line-height: 16px; font-family: helvetica, arial, freesans, sans-serif; text-align: -webkit-auto;">KrisAnne Hall is an attorney and former prosecutor,&nbsp;<strong>fired after teaching the Constitution to TEA Party groups</strong>&nbsp;- she would not sacrifice liberty for a paycheck. She is a disabled veteran of the US Army, a Russian linguist, a mother, a pastor's wife and a patriot.&nbsp; She now travels the country and teaches the Constitution and the history that gave us our founding documents.</p>
<p style="margin-top: 10px; margin-bottom: 15px; color: #333333; line-height: 16px; font-family: helvetica, arial, freesans, sans-serif; text-align: -webkit-auto;">KrisAnne Hall does not just teach the Constitution, she lays the foundations that show how reliable and relevant our founding documents are today.&nbsp;&nbsp;&nbsp;</p>
<p style="margin-top: 10px; margin-bottom: 15px; color: #333333; line-height: 16px; font-family: helvetica, arial, freesans, sans-serif; text-align: -webkit-auto;">She presents the&nbsp;<strong>&ldquo;genealogy&rdquo; of the Constitution</strong>&nbsp;&ndash; the 700 year history and five foundational documents that are the very roots of American Liberty.&nbsp;</p>
<p style="margin-top: 10px; margin-bottom: 15px; color: #333333; line-height: 16px; font-family: helvetica, arial, freesans, sans-serif; text-align: -webkit-auto;">One cannot properly understand or interpret the Constitution without a firm grasp of its very foundation.</p>
<p style="margin-top: 10px; margin-bottom: 15px; color: #333333; line-height: 16px; font-family: helvetica, arial, freesans, sans-serif; text-align: -webkit-auto;">&nbsp;</p>
<strong></strong>
<p style="margin-top: 10px; margin-bottom: 15px; color: #333333; line-height: 16px; font-family: helvetica, arial, freesans, sans-serif; text-align: center;"><strong>&nbsp;KrisAnne will connect the dots for you like no one else can!&nbsp;</strong></p>
<p style="margin-top: 10px; margin-bottom: 15px; color: #333333; line-height: 16px; font-family: helvetica, arial, freesans, sans-serif; text-align: -webkit-auto;">&nbsp;</p>
<p style="margin-top: 10px; margin-bottom: 15px; color: #333333; line-height: 16px; font-family: helvetica, arial, freesans, sans-serif; text-align: -webkit-auto;"><strong>Nobody is teaching this.</strong>&nbsp; Not the 5000 year leap, not David Barton, not Heritage, not Hillsdale &ndash; yet it&nbsp;is essential if the Constitution is to persevere.</p>
<p style="margin-top: 10px; margin-bottom: 15px; color: #333333; line-height: 16px; font-family: helvetica, arial, freesans, sans-serif; text-align: -webkit-auto;">Born and raised in St. Louis, MO. She received her undergraduate degree in Bio-Chemistry from Blackburn College in 1991 and her J.D. from the University of Florida, Levin College of Law and is a former Russian Linguist for the US Army.&nbsp; KrisAnne worked for several years as a state prosecutor and two years with a prominent law firm defending religious liberty and first amendment rights.&nbsp; KrisAnne now resides in North Florida with her husband Chris (a pastor and former foreign language instructor for the US Navy) and her adopted son Colton.</p>
<p style="margin-top: 10px; margin-bottom: 15px; color: #333333; line-height: 16px; font-family: helvetica, arial, freesans, sans-serif; text-align: -webkit-auto;">Author of Not a Living Breathing Document: Reclaiming Our Constitution, and the DVD series The Roots of Liberty: The Historic Foundations of The Bill of Rights and Bedtime Stories for Budding Patriots and Essential Stories for Junior Patriots. Two books that inspired KrisAnne's love for our history were&nbsp;<a title="title" href="http://www.amazon.com/Founding-Brothers-Revolutionary-Joseph-Ellis/dp/0375705244/ref=sr_1_1?s=books&amp;ie=UTF8&amp;qid=1315953367&amp;sr=1-1" style="color: #c88213;">Founding Brothers</a>&nbsp;by Joseph Ellis and&nbsp;<a title="title" href="http://www.amazon.com/1776-David-McCullough/dp/0743226720/ref=sr_1_1?s=books&amp;ie=UTF8&amp;qid=1315953407&amp;sr=1-1" style="color: #c88213;">1776</a>&nbsp;by David McCollough.</p>
<p style="margin-top: 10px; margin-bottom: 15px; color: #333333; line-height: 16px; font-family: helvetica, arial, freesans, sans-serif; text-align: -webkit-auto;">Awarded the Freedom Fighter award by Americans for Prosperity, the Certificate of Achievement from the Sons of the Revolution for her defense of Liberty, and Congressman James Blair Award for Defending the Constitution.</p>
<p style="margin-top: 10px; margin-bottom: 15px; color: #333333; line-height: 16px; font-family: helvetica, arial, freesans, sans-serif; text-align: -webkit-auto;">KrisAnne is an incredibly passionate speaker - a true Patrick Henry of our time.&nbsp; She speaks to audiences all across the country on Constitutional History, American Exceptionalism, and the Fight for Liberty.&nbsp; Her passion and enthusiasm is contagious and she is able to inspire any group.&nbsp; A steadfast warrior in the Tea Party battle.</p>

Blog Categories

Blog Archive

Blog Tags

Unite In Action, Inc. is a
501(c)(4) social welfare organization, managed by an all-volunteer staff.
Our focus is on nonpartisan civic education and advocacy regarding important national issues.
For more information, please go to our
Contact Page or write us at PO Box 398, Nashville TN 37011-0398.
Contributions to Unite In Action, Inc. are not deductible as charitable
contributions for income tax purposes.